GOVERNMENT GAZETTE STAATSKOERANT - westerncape.gov.za

1 REPUBLIC OF SOU. GOVERNMENT GAZETTE . STAATSKOERANT . VAN DIE REPUBLIEK VAN SUID-AFRIKA. Registered clt the Poxt O#ce as c1 )Ve\~spctper As n lVllLlsblcl~i by ~lie Poskantoor GereSistreer CAPE TOWN, 15 DECEMBER 1999. VOL ~1~ No. 20726. KAAPSTAD, 15 DESEIMBER 1999. I. OFFICE OF THE PRESIDENCY KANTOOR VAN DIE PRESIDENSIE. No. 1506. lj December 1999 No. lj06. 15 Desember 1999. I. It is hereby notified th~t the President has ~ssented to the Hierby word bekend gema:lk d:~t die President sy goecl- f o l l o w i n g Act which is hereby published for gener:~l keuring geheg het LILU1 die onclerst:i:~ndc Wet w:~t hierby ter in formation:- ~ll~emen~ inligting g~publls~er word:- No.

2 JO of \999: Rent~l housing Act, 1999. No. jo ~:~n 1999: \Vet op Huul behuising, ACT. To define the responsibility of GOVERNMENT in respect of rental housing property; to create mechanisms to promote the provision of rental housing property; to promote access to adequate housing through creating mechanisms to ensure the proper functioning of the rental housing market; to make provision for the establishment of Rental housing Tribunals; to define the functions, powers and duties of such Tribunals; to lay down general principles governing conflict resolution in the rental housing sector.

3 To provide for the facilitation of sound relations between tenants and landlords and for this purpose to lay down general requiremen~ relating to leases; to repeal the Rent Control Act, 1976; and to provide for matters connected therewith. PREAMBLE. WHEREAS in terms of section 26 of the Constitution of the Republic of South Africa, 1996 everyone has the right to ha\'e access to adequate housing ;. AND M7 HEREAS the state must take reasonable legislative and other measures, within its available resources. to achieve the progressive realisation of this right.

4 AND WHEREAS no one may be evicted from their home. or have their home demolished, without an order of court made after considering all the relevant circumstances. AND \$'HEREAS no legislation may permit arbitrary evictions;. AND }VHEREAS rental housing is a key component of the housing sector;. AND J4'HEREAS there is a need to promote the provision of rental housing ;. AND J1'HEREAS there is a need to balance the ri&hts of tenants and landlords and to create mechanisms to protect both tenants and landlords against unfair practices and exploitation: AND JVHEREAS there is a need to introduce mechanisms through which conflicts between tenants and landlords can be resolved speedily at minimum cost to the parties.

5 B E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa. as follows:- ,\ct No. REXTAI. housing .ACT. IYQ~. TABLE OF CONTENTS. CHAPTER 1. INTRODUCTORY PROVEIONS. 1. Definitions CHAPTER 2. PROMOTION OF RENTAL HOUS~G PROPERTY. 2. Responsibility of GOVERNMENT to promote rental housing . 3. Measures to increase provision of rental housing property. CHAPTER 3. RELATIONS BETWEEN TENANTS AND LANDLORDS 10. 4. General provisions 5. Provisions pertaining to leases CHAPTER 4. RENTAL HOUS~G T~UNAL. 6. Application of Chapter 15. 7. Establishment of Rental housing Tribunals 8.

6 Functions of Tnbund 9. Composition of Tribunal 10. Meetings of Tribunal 11. Staff 20. 12. Funding of and reporting on activities of Tribunal 13. Complaints 14. Information Offices 15. Regulations CHAPTER 5 25. GENERAL PROVISIONS. 16. Offences and penalties 17. Review 18. Repeal and amendmenl of laws 19. Savings 30. 20. Short title and commencement CHAPTER I. INTRODUCTORY PROVISIONS. Definitions 1. In this Act, unless the context otherwise indicates 35. dwelling , includes any house, hostel room, hut, shack, flat, apartment, room, outbuilding, garage or similar structure which is leased, as well as any storeroom, outbuilding.

7 Gmage or demarcated pm~ng space which is leased as part of the lease;. financial institution.' means a bank as defined in the Banks Act, 1990 (Act No. 94 40. of 1 990);. head of department means the officer in charge of a department of the provincial GOVERNMENT responsible for housing in the province;. House Rules means the rules in relation to the control, management, administration, use and enjoyment of the rental housing property; 45. landlord means the owner of a dwelling which is leased and includes his or her duly authorised agent or a person who is in lawful possession of a dwelling and has the right to lease or sub-lease it.

8 Lease means an agreement of lease concluded between a tenant and a landlord in respect of a dwelling for housing purposes; 50..'MEC.' means the member of the Executive Council of a pro$ince responsible for housing matters: Minister.' means the Minister of housing : periodic ] means a lease for an undetermined period, subject to notice of termination by either party; 5. prescribed means prescribed by regulation by the MEC, by notice in the GaZetfc: regulation means a regulation made in terms of section 15;. rental housing property includes one or more dwellin&s: Rental housing Information office means an 05ce established by a local authority in terms of section 14 (1); 10.

9 Tenant means the lessee of a dwelling which is leased by a landlord;. this Act includes any regulation;. Tribunal means a Rental Housin& Tribunal established under section 7;. unfair practice.' means a practice prescribed as a practice unreasonably prejudicing the rights or interests of a tenant or a landlord. 15. CHAPTER 2. PROMOTION OF RENTAL housing PROPERTY. Responsibility of GOVERNMENT to promote rentil housing 2. (l) GOVERNMENT must . (a) promote a stable and growing market that progressively meets the latent 20. demand for affordable rental housing among persons historically disadvan- taged by unfair discrimination and poor persons, by the introduction of incentives, mechanisms and other measures that.

10 (i) improve conditions in the rental housing market;. (ii) encourage investment in urban and rural areas that are in need of 25. revitalisation and resuscitation; and (iii) correct distorted patterns of residential settlement by initiating, promot- ing and facilitating new development in or the redevelopment of affected areas;. (b) facilitate the provision of rental housing in partnership with the private sector. 30. (2) Measures introduced in terms of subsection (1) must . (a) optimise the use of existing urban and rural municipal and transport infrastructure.